Advocate Sharda Ahuja

Discovering that a loved one's will may have been forged is devastating enough. When you've challenged it in court, lost at the trial level, and then lost your first appeal, it can feel like the legal system has closed all doors. However, in many jurisdictions, there's still one more avenue available: a second appeal. This guide explains what a second appeal is, when it's available in will forgery cases, and what you need to know before pursuing this legal option. What Is a Second Appeal? A second appeal is your opportunity to challenge the decision made by the first appellate court. In most legal systems, cases move through three tiers: First tier : Trial court or lower court where the case is initially heard, evidence is presented, and witnesses testify. Second tier : First appellate court where you challenge the trial court's decision based on legal errors or misapplication of law. Third tier : Second appellate court (often the highest court in your jurisdiction)...

The Unnao rape case stands as one of the most disturbing examples of power abuse and systemic failure in modern Indian history. This case, which came to light in 2017, exposed the dangerous intersection of political influence, institutional corruption, and the vulnerability of those seeking justice. The Case Unfolds In June 2017, a 17-year-old girl from Unnao district in Uttar Pradesh accused Bharatiya Janata Party (BJP) legislator Kuldeep Singh Sengar of rape. What followed was not justice, but a nightmare that highlighted everything wrong with how power can corrupt the pursuit of accountability. The victim's family faced immediate retaliation. Her father was brutally beaten and falsely imprisoned under fabricated charges. In April 2018, he died in judicial custody under suspicious circumstances, with a post-mortem revealing serious injuries. The family's ordeal didn't end there they faced continuous threats, intimidation, and attempts to silence them. A System That Failed...

When Many Act as One Imagine a group of people attacking someone on the street. Are all of them equally guilty? What if only one person threw the fatal blow? What if someone was just standing nearby? These aren't just hypothetical questions they're real dilemmas that criminal law must address every day. Indian criminal law has two powerful tools to handle such situations: common intention and common object. While they might sound similar, they're actually quite different and understanding the distinction can mean the difference between conviction and acquittal. Common Intention - When Partners in Crime Share a Plan What is Common Intention? Section 3(5) of BNS (formerly Section 34 of IPC) states: "When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone." Think of common intention as a shared criminal game plan It's when two or mo...

General Exceptions in Indian Criminal Law Three crucial defenses infancy, insanity, and intoxication acknowledge that criminal liability requires both a guilty act (actus reus) and a guilty mind (mens rea).  1. The Defense of Infancy : Protecting Children Why Children Get Special Treatment The law recognizes that children's developing brains cannot fully comprehend the consequences of their actions or distinguish right from wrong. The principle of doli incapax (incapable of crime) forms the foundation of this defense. The Legal Framework Under BNS Section 22 BNS - Children Under 7 Years This provides an absolute, ironclad defense. A child under seven cannot commit any offense, period. No exceptions, no special circumstances. The law presumes these young children are entirely incapable of criminal intent. Example: If a 6-year-old takes a neighbor's expensive watch, they cannot be prosecuted for theft, regardless of the value or their apparent understanding. Section 23 BNS - C...